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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 31, 2006, the Defendant received a summary order of 1.5 million won from the Busan District Court to a fine for a violation of the Road Traffic Act. On March 18, 2008, the Defendant received a summary order of 2.5 million won from the Busan District Court to a fine for a violation of the Road Traffic Act.
On January 16, 2013, the Defendant, while under the influence of alcohol of 0.20% of blood alcohol concentration on January 16, 2013, driven the B Carpon in approximately 1 km section from the front parking lot of the Kim Jong-dong Samsung-dong Samsung Children Hospital to the front road of the Dongsan-dong Busan Urban Complex.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on detection of a host driver;
1. Previous records of judgment: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime of drinking again without being aware of the fact that he/she had been punished several times due to the violation of the Road Traffic Act, and that the blood alcohol concentration level is high, etc.
However, the punishment as ordered shall be determined in consideration of the fact that the defendant has no record of punishment as punishment, the fact that the defendant is living in depth while making a confession, the circumstances favorable to him/her, and other sentencing conditions shown in the records, such as the age, character, conduct and environment of the defendant.